Ord 2000-046 - Laserfiche WebLink

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in a designated buffer tube, and pulled into two separate entry points at each of the buildings in a backbone architecture and terminated in the building at a location specified by the City. If Grande removes Grande's facilities at any time and for any reason, Grande will take all steps necessary to ensure that the City's fiber optic cable for the locations on Exhibit B is either left in place, or is replaced. The fiber optic cable for the buildings on Exhibit C must be 12 strands, pulled into one entry point at each building, and terminated at a location specified by the City. The routing and entry points for the fiber optic cable will be subject to approval by the City. Grande will also connect, through star connections or subring connections to the City's main backbone fiber optic cable, the City facilities specified on the attached Exhibit C by the startup date at no cost to the City. If Grande begins the installation or use of any significant improvements in technology in Grande's Facilities before Grande begins construction of the fiber optic cable connecting the City locations, the City may direct Grande to install facilities and equipment using the improved technology (the "Updated Facilities"), rather than the fiber optic cable, star connections or subring connections, to connect the City's locations. As the City acquires or constructs new facilities, Grande will add fiber optic backbone and star or subring connections, or Updated Facilities as directed by the City, to the new facilities at the City's request at no cost to the City. Grande will provide maintenance of all fiber optic cabling and of all Updated Facilities provided under this Section 5.E at the City's request and at no cost to the City. This maintenance will include, without limitation, two hour response time on all calls for service related to the facilities serving the buildings identified on Exhibit B, and four hour response time on all calls for service related to the facilities serving the buildings identified on Exhibit C. F. Grande acknowledges that all services and facilities provided by Grande under this section are for the benefit of all customers and the public, and are not part of the compensation to be paid to the City under Section 12, and are not payments in kind chargeable against the compensation to be paid to the City under Section 12. Section 7. Promulgation of Rules by Grande; Refunds. A. Grande may promulgate rules, regulations, terms and conditions governing the conduct of its business. These rules, regulations, terms and conditions must be reasonable and must not conflict with the terms of this Agreement or the charter, ordinances, regulations or policies of the City, the State of Texas or the United States. B. Grande will make appropriate credits or refunds to customers for periods when Grande's facilities undergo a significant service interruption and in other circumstances in which Grande's services are not of the highest quality. Section 8. Conditions on Occupancy of City Right-of-Way. A. Grande will submit plans for any change in Grande's facilities in City right-of-way, including but not limited to changes in the location of facilities and the extension or construction of new facilities, to the City Manager's designated representative at least five days prior to the start of construction of the change. Grande will not begin construction of the change without first obtaining the approval of the plan by the City Manager's designated representative. These requirements do not apply to bona fide emergency repairs. Grande will provide immediate verbal notice to the City Manager's designated representative of any excavation performed within a City right-of-way in connection with an emergency repaIr . B. Grande may use the poles of the City Electric Utility Department only if Grande executes a separate license agreement with the City. C. Grande will not place Grande's facilities where they will interfere with the existing lines, equipment or fixtures of any water, wastewater, gas, electric, cable television or telephone utility, or with drainage, in a City right-of-way. Grande will place any poles, equipment and fixtures set by it in any street or aHey at the outer edge of the sidewalk and as close as practicable to the boundary of the street or alley, and in a manner that does not interfere with vehicle or pedestrian travel on streets, alleys and rights-of-way. D. In City right-of-way where electric and telephone service lines are routed underground, Grande will route its lines underground. E. When Grande or its contractors, agents or employees disturb any pavement, sidewalk, driveway or other improved surfacing in City rights-of-way, Grande will replace and restore the surfacing throughout C:\TEMP\Grande Franchise final.doc 5